Louisiana Revised Statutes 46:1852 – Profits relative to criminal acts or notoriety
Terms Used In Louisiana Revised Statutes 46:1852
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Defendant: means an offender who has been convicted of a capital offense and sentenced to death in accordance with the provisions of Louisiana Revised Statutes 46:1851
- Escrow: Money given to a third party to be held for payment until certain conditions are met.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
- Victim: means any person who suffers death, injury, or catastrophic property damage as a result of the defendant's crime, or any person who is otherwise eligible to have a judgment or reparations award satisfied from a defendant's escrow account as provided for by this Chapter, or any legal representative thereof, but does not include any person denied eligibility for a reparations award by Chapter 21 of this Title. See Louisiana Revised Statutes 46:1851
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
A.(1) Any proceeds or profits from any source, received or to be received, directly or indirectly, by a defendant or by any agent, assignee, or representative of the defendant, as a direct or indirect result of the defendant’s crime or sentence for such crime, or the notoriety that such crime or sentence has conferred upon him, shall be subject to a court order requiring that such proceeds or profits be paid over to the state treasurer for deposit in an escrow account as provided for in this Section, if not otherwise deposited with the treasurer as provided for in Paragraph (2) of this Subsection.
(2) Every person, firm, corporation, partnership, association, or other legal entity that contracts with a defendant for any purpose described in Paragraph (1) of this Subsection shall file a copy of the contract with the state treasurer, and shall pay over to the treasurer, commencing with the date of the first payment under the contract, any funds that otherwise, by terms of the contract, would be payable to the defendant or to the defendant’s agent, assignee, or representative. If the contracting party fails to meet the obligation of payment as required by this Paragraph, then the treasurer, through the attorney general, shall bring a civil action in a court of competent jurisdiction to enforce payment.
B.(1) Any proceeds from a contract with the defendant relating to a depiction or discussion of the defendant’s crime in a movie, book, newspaper, magazine, radio or television production, or live entertainment or publication of any kind shall not be subject to court order requiring payment of such proceeds to the treasurer unless an integral part of the work is a depiction or discussion of the defendant’s crime or an impression of the defendant’s thoughts, opinions, or emotions regarding such crime.
(2) Nothing in this Section shall be construed to prohibit or hinder the return of property belonging to victims of crime to its rightful owners.
C.(1) Upon petition of the attorney general filed at any time after the defendant is convicted and after notice to all interested parties and a hearing upon the petition and a finding for the state, the court shall order that such proceeds or profits as described in Subsection A of this Section be paid over to the state treasurer for deposit in an escrow account in the name of the defendant for the benefit of the victims of the defendant’s crime.
(2) The petition shall be filed in the judicial district where the defendant was convicted or in the judicial district in which the defendant is incarcerated.
(3) Upon the filing of the petition, the clerk shall issue a writ of attachment or of sequestration, directing the sheriff of the parish where the petition was filed to take the defendant’s property into his possession and hold such property subject to further proceedings in the cause. If for any reason the writ is not executed, other writs may be successively issued until one is executed. Concurrent writs may be directed to sheriffs of several parishes.
(4) Expenses and costs incurred in the proceedings shall be paid as the court, in its discretion, shall determine, except that no costs shall be assessed against the state.
D. A victim who meets the eligibility requirements and other provisions of this Chapter shall be entitled, subject to the limitations contained in this Chapter, to an amount from the defendant’s escrow account equal to the unsatisfied portion of the civil judgment or reparations award obtained by the victim.
Acts 2012, No. 799, §3, eff. June 13, 2012.